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In Chaney v. Providence Health Care, Robert Chaney worked as a hospital radiologic technician in the State of Washington. Chaney was instructed to undergo drug testing when he sounded incoherent at work, and he tested positive for methadone. Chaney produced a prescription for methadone to treat back pain, and his doctor's certification that he was fit for duty. Not satisfied, the employer required Chaney to undergo an examination by a second physician who concluded that Chaney was unfit for duty, after which the employer unilaterally placed Chaney on FMLA leave. When Chaney's own physician again certified Chaney as fit for duty and that he could return to work, the employer-selected physician continued to insist that Chaney was unfit for duty. Relying on the employer-selected physician, the employer discharged Chaney. In the suit that followed, the Washington Supreme Court held that the employer violated the FMLA as a matter of law, and instructed the trial court to issue a directed verdict in Chaney's favor. The court explained that if the employee's physician certifies that the employee is fit for duty, failure to return the employee to work is a per se violation of the FMLA. If the employer is uncertain or has questions about the employee's fitness for duty, the employer "may ask the treating physician for clarification but may not delay the employee's return to work." Accordingly, employers should immediately reinstate the employee from FMLA leave once the employee provides a fitness for duty certification from the employee's physician; the employer may seek clarification from the physician after reinstatement. Employers should consult with counsel where reinstating the employee to active duty would pose a direct threat to the health or safety of himself/herself or others.

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